JUDGEMENT
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(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the H.E.C.
(2.) LEARNED counsel appearing for the petitioner submits that the petitioner got retired on 30.6.1995 from the employment of the H.E.C, but when the retiral dues were not paid, this writ petition has been filed, for directing the respondents to pay all the retiral dues.
However, learned counsel appearing for the H.E.C, by way of filing counter affidavit, submits that all the retiral dues have been paid to the petitioner, except the arrears accrued on account of wage revision, which shall be paid within 15 equal monthly installments, if the amount is received from the Government of Jharkhand against the transfer of residential and non -residential buildings and also on other counts.
As against this, learned counsel appearing for the petitioner submits that the plea advanced on behalf of the H.E.C, if accepted, that would be unending process and, therefore, keeping in view the fact that the petitioner got retired in the year 1995 itself, time frame be given for making payment of the arrears, on account of wage revision.
Thus, the question which falls for consideration is that whether any time frame be made with respect to payment of arrears accrued on account of wage revision ?
It be stated that the respondent -H.E.C, vide its office order no.3/2006 dated 5.6.2006 as contained in Annexure A, has taken decision with respect to payment of arrears accrued on account of pay revision which has been incorporated in clause III of the said office order which reads as under:
" Other eligible ex -employees shall be paid the wage revision arrears in 15 (fifteen) equal monthly installments after receipt of amount from the Government of Jharkhand against transfer of residential and non -residential buildings and after deducting ad -hoc advance already paid, statutory amount like PF, Income Tax and Corporations dues and subject to vacation of HEC quarters.
(3.) THIS decision regarding payment of arrears in installment seems to have been taken keeping in view the financial constraint which respondent -H.E.C is passing through and under this situation, it would not be desirable to issue mandamus directing the respondent -H.E.C to pay arrears within a particular period, rather it would be an appropriate to direct the respondent to abide by its decision taken under clause III of the office order meticulously so that arrears be paid in 15 equal installments after the H.E.C gets the amount from the Government of Jharkhand which I am told would be shortly paid as the Government of Jharkhand has taken decision to make payment on account of transfer of residential and non -residential buildings and on other accounts.
With this observation, this writ application is disposed of.;
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